8. Views on Principle 3 of the Land Rights and Responsibilities
Statement

Principle 3

More local communities should be given the opportunity to own
buildings and land which contribute to their community’s
wellbeing and future development.

Question 6: Do you agree with Principle 3 of the Land
Rights and Responsibilities Statement? Please provide
comments.

8.1 48 (77%) respondents answered the first part of Question 6.
Of these, 37 agreed with Principle 3 of the Statement. Table 8.1
summarises views by category of respondent.

Table 8.1 Views on Principle 3 by category of
respondent

Category

Agree

Disagree

No. of respondents providing a view

National
NGOs

7

3

10

Private Sector and Professional Bodies

6

1

7

Community Organisations and their
Representative Bodies

3

2

5

Government and
NDPBs

2

0

2

Academic

1

0

1

Total Organisations

19

6

25

Total Individuals

18

5

23

Grand total

37

11

48

8.2 The majority of individuals and organisations who provided a
view agreed with Principle 3.

8.3 39 respondents provided further relevant commentary in
response to Question 6, and their views are summarised below.

General views in support of Principle 3

8.4 Respondents from a range of sectors supported the Principle,
with a few highlighting existing evidence of positive benefits
arising from broadening the opportunities for communities to own
buildings and land.

8.5 One individual considered that the Principle would help to
address what they had observed as difficulties frequently faced by
communities in obtaining land at the edge of settlements for
community use, such as play areas for children.

8.6 An Academic Body welcomed in particular the reference in the
supporting text to leasing land.

Views on possible additions to Principle 3

8.7 A few respondents suggested that in view of the potential
benefits to communities of leasing buildings and land, reference to
leasing should be included in the Principle’s title.

8.8 Another suggestion was for including reference to
“having access to” in addition to owning or leasing. It
was remarked that some community groups, particularly in remote,
rural areas, might want to make use of property without having to
take responsibility for its maintenance.

8.9 Two National
NGOs
suggested that communities of interest rather than local
communities should be given the opportunity to own buildings and
land. One remarked that the resulting contribution may be in a
national rather than local interest.

8.10 One National
NGO
considered that the natural environment should be added along with
buildings and land, as communities may wish the opportunity to
shape, protect and enhance this.

8.11 Another National
NGO
suggested inserting “may” in the second paragraph of
supporting text, between “organisations” and
“deliver”, as not all community organisations are
wholly successful.

Views on realising Principle 3

8.12 A few National
NGOs
commented that the opportunities for owning and leasing buildings
and land need to be communicated effectively to local communities
for them to be aware of these possibilities.

8.13 Some respondents, across a range of sectors, expressed
concern that local communities may lack the capacity and skills to
realise Principle 3. They suggested that support be put in place to
underpin the transfer and sustainable management of assets by local
communities, in order to combat, for example, “volunteer
fatigue”. One private company suggested that community bodies
should be required to demonstrate they have the appropriate
financial resources and general capacity needed to acquire and
further invest in land.

8.14 A few respondents emphasised what they perceived to be the
need to mitigate against minority, vocal bodies or individuals, who
may be steering the actions of communities in taking ownership of
buildings and land.

8.15 One National
NGO called
for clear mediation services and access to the Ombudsman for small,
local organisations involved in owning and leasing land and
buildings. A private company considered that rights to community
ownership should be balanced with an emphasis on rights of
landowners too.

Views opposing Principle 3

8.16 The most common view opposing Principle 3 was that this is
not needed as, firstly, communities already have the opportunity
for ownership by virtue of the Community Empowerment (Scotland) Act
2015, and, secondly, Principle 2 already encompasses Principle
3.

8.17 A few respondents provided their view that rather than
focus on ownership, the emphasis in Principle 3 should be on
utilisation of buildings and land.

8.18 An individual respondent considered that the Principle
constituted neither a right nor a responsibility, and prioritises
one approach over the diverse approaches which were suggested in
Principle 2.